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Proceeding contribution from David Howarth (Liberal Democrat) in the House of Commons on Monday, 26 January 2009. It occurred during Debate on bill on Coroners and Justice Bill.


Coroners and Justice Bill

That would appear to be possible, because of the power to allow any person to share any data despite what any enactment says. The Government say that the intention is to allow Departments, public bodies and other similar organisations to share data for good purposes, but that is not what the Bill says. The Bill is not confined to public bodies and would also allow the sharing of data with private organisations in any country. The Bill would also allow a data-sharing order to confer a power on any person to share the information further, leading to a cascade of sharing. All that can be done in furtherance of any relevant Government policy. I want to know where we can find a list of those relevant Government policies that we will be able to compare with the purposes of any particular order. The possibilities are absurdly broad. For example, the Government would be able to share our personal data with a foreign power. Some people might think that because Barack Obama has been elected President of the US, there is nothing to fear from having our personal data shared with the US Government. I do not think that. Presidents come and presidents go. A great American political thinker once wrote:"““It is in vain to say that enlightened statesmen will be able to adjust these clashing interests and render them all subservient to the public good. Enlightened statesmen will not always be at the helm.””" These provisions are based on the assumption that we are all good chaps together so the powers will not be abused. That is an assumption that we cannot make. The provisions would also allow all the restrictions on data sharing in the Identity Cards Act 2006 to be overridden by order. Under that Act, identity data may only be shared with the bodies specified in sections 17 to 21 of the Act—the security services and, with important exceptions as to the type of data, other public authorities, departments and the police. Under the Bill, the Government would be able to authorise sharing the data collected in the national identity database with absolutely anyone without any of the safeguards in the Act. In theory, it will also be open for the Government to sell that data to the highest bidder. The provisions also allow the override of any safeguards against the sharing of medical records and DNA records. That does not just include the provision of medical and DNA records to public authorities but to anyone, including employers, insurance companies and even the media. The same goes for tax records. Many Members will have received a briefing from Privacy International, which goes on to give yet more examples of what can be done under the provisions. The Government say that the orders will be subject to scrutiny by the Information Commissioner and to an affirmative vote by Parliament. In extremis, all that will mean will at best be a 90-minute debate in a Committee, with the Government side of that Committee carefully chosen and a whipped deferred vote just after Prime Minister's questions. The Government's main defence today has been that the provisions are in line with the recommendations of the Thomas and Walport review on data sharing, but that is not the case. That report did say that there should be a fast-track secondary legislation route to allow data sharing, but it also said that the power to do so should exist only in precisely defined circumstances, which is certainly not what has happened. Any person, any relevant Government policy and any enactment are hardly precise circumstances. The Thomas and Walport report expressly says at paragraph 8.47 that"““we believe this process would not be appropriate for large-scale data-sharing initiatives that would constitute very significant changes to public policy, such as those relating to the National Identity Register or the National DNA database.””" That is exactly what the Bill as drafted would allow.


Secondary information

Type
Proceeding contribution
Reference
487 c61-2 
Session
2008-09
Chamber / Committee
House of Commons chamber
Subjects
Children Disclosure of information Data protection Bail Administration of justice Armed forces Death Certification Coroners Juries Electronic surveillance Homosexuality Evidence ICT Incitement Homicide Health professions Internet Discrimination Ethnic groups Freedom of expression Personal records Prisons Mental capacity Pornography Offences against children Sentencing Registration Young people Security Witnesses Victims Technology Suicide Sentencing Council for England and Wales Information sharing
Legislation
Coroners and Justice Bill 2008-09
Link
View this Proceeding contribution on www.publications.parliament.uk